Reports of Cases Argued and Determined in the Supreme Court of the State of Vermont: Reported by the Judges of Said Court, Agreeably to a Statute Law of the State, Volume 64J. Spooner, 1893 - Law reports, digests, etc |
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Results 1-5 of 81
Page 10
... suit to restrain the defendant from obstructing a watercourse whereby the water was set back upon his meadow , and alleged that in a former suit at law the same question had been deter- mined in his favor . It was found that this suit ...
... suit to restrain the defendant from obstructing a watercourse whereby the water was set back upon his meadow , and alleged that in a former suit at law the same question had been deter- mined in his favor . It was found that this suit ...
Page 12
... suit was for substantially the same cause of action as is alleged against said Kent & Co. in this suit . " This applies to the deposit of spent sand , worn marble , and gravel and sand from the mountain stream , in the bed of the river ...
... suit was for substantially the same cause of action as is alleged against said Kent & Co. in this suit . " This applies to the deposit of spent sand , worn marble , and gravel and sand from the mountain stream , in the bed of the river ...
Page 33
... suit circumstances , or public policy . A petition to have a highway or bridge established or maintained , is a proceeding taken in behalf of the public to have determined , in the manner provided by statute , whether the public good ...
... suit circumstances , or public policy . A petition to have a highway or bridge established or maintained , is a proceeding taken in behalf of the public to have determined , in the manner provided by statute , whether the public good ...
Page 34
... suit which involves any corporate right or property of the towns , except indirectly in reference to how much the towns shall respectively contribute towards the public burden . The right to have these burdens borne , and to prescribe ...
... suit which involves any corporate right or property of the towns , except indirectly in reference to how much the towns shall respectively contribute towards the public burden . The right to have these burdens borne , and to prescribe ...
Page 36
... suit growing out of the assessment and collection of the taxes last named was commenced between a tax payer by the name of Lyman Bowen against Lem- nel King , the collector ; the case was tried in the County Court Hubbell Lathrop v ...
... suit growing out of the assessment and collection of the taxes last named was commenced between a tax payer by the name of Lyman Bowen against Lem- nel King , the collector ; the case was tried in the County Court Hubbell Lathrop v ...
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Common terms and phrases
action admissible Admr agreement Albee alleged amount appear Arthur Lyman Assumpsit Bank Bennington county bill bridge cars Catherine Foster's Exrs cause remanded charge claimed Conn construction contract conveyance County Court Court of Chancery court of equity court was delivered damages deadwoods debt declaration decree deed defendant excepts defendant's demurrer district entitled equity error evidence facts fendant held highway husband indorser injury insane insolvency interest intestate issue James Legg Jerry Reynolds Johnsbury judgment jury Lamplough land liable lien matter ment mortgage negligence opinion orator orator's oratrix owner paid parties pauper payment person plaintiff plea premises Probate Court question railroad company reason recover reference Ross ROWELL Sowles statute suit Taft tended to show term testatrix testified testimony tion town trial Trial by jury trust Valido Marble verdict Western Vermont Railroad Weybridge wife witness
Popular passages
Page 659 - ... and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Page 57 - That private property ought to be subservient to public uses, when necessity requires it ; nevertheless, whenever any person's property is taken for the use of the public, the owner ought to receive an equivalent in money.
Page 492 - When there is a question whether an act was accidental or intentional, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is deemed to be relevant.
Page 241 - Provided, that in actions where one of the original parties to the contract or cause of action in issue and on trial is dead...
Page 648 - This doctrine has been greatly modified in modern times, and it is now a common practice, in cases where irremediable mischief is being done or threatened, going to the destruction of the substance of the estate, such as the extracting of ores from a mine, or the cutting down of timber, or the removal of coal, to issue an injunction, though the title to the premises be in litigation. The authority of the court is exercised in such cases, through its preventive writ, to preserve the property from...
Page 394 - ... other valuable thing for its use, or for the use of any of its shareholders or creditors; and all payments of money to either, made after the commission of an act of insolvency, or in contemplation thereof...
Page 577 - If it is intended to take effect by transfer, the court will not hold the intended transfer to operate as a declaration of trust, for then every imperfect instrument would be made effectual by being converted into a perfect trust.
Page 549 - It is an established rule in the exposition of statutes that the intention of the lawgiver is to be deduced from a view of the whole and of every part of a statute taken and compared together.
Page 396 - A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other": Currie v Misa (1875) LR 10 Exch 153 at 162.
Page 73 - Kansas, 572, 575, a case of murder of the first degree, that there was no testimony tending to show that the defendant was guilty of manslaughter in either the first, second, or fourth degrees, instructions as to those degrees should not have been, given ; and in Robinson v. State, 84...